{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-82","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-82","heading":"Claims for legal services","body":"A. 1. a. Each party shall be responsible for its legal services\n\nand litigation expenses. Fees for legal services may\n\nbe reviewed by the Workers' Compensation Commission.\n\nb. An attorney representing an injured employee may only\n\nrecover attorney fees up to ten percent (10%) of any\n\ntemporary total disability or temporary partial\n\ndisability compensation and twenty percent (20%) of\n\nany permanent partial disability, permanent total\n\ndisability, or death compensation awarded to an\n\ninjured employee by the Commission from a controverted\n\nclaim. If the employer makes a written offer to\n\nsettle permanent partial disability, permanent total\n\ndisability, or death compensation and that offer is\n\nrejected, the employee's attorney may not recover\n\nattorney fees in excess of thirty percent (30%) of the\n\ndifference between the amount of any award and the\n\nsettlement offer.\n\n(1) Attorney fees may not be collected for recovery\n\non noncontroverted claims.\n\n(2) Attorney fees shall not be awarded on medical\n\nbenefits or services.\n\n(3) The fee for legal services rendered by an\n\nattorney representing an employee in connection\n\nwith a change of physician requested by the\n\ninjured employee, controverted by the employer,\n\nand awarded by the Commission, shall be Two\n\nHundred Dollars ($200.00).\n\n(4) Attorney fees may include not more than ten\n\npercent (10%) of the value, or reasonable\n\nestimate thereof, of vocational rehabilitation\n\nservices.\n\nc. A \"controverted claim\" means that the employer or the\n\nemployer's insurance carrier has controverted whether\n\nthere has been a compensable injury or whether the\n\nemployee is entitled to temporary total disability,\n\ntemporary partial disability, permanent partial\n\ndisability, permanent total disability, or death\n\ncompensation. A request for a change in physician\n\nshall not trigger a controverted claim for purposes of\n\nrecovering any attorney fees except the fees under\n\ndivision 3 of subparagraph b of this paragraph. A\n\ncontroverted claim shall not exist if the employee or\n\nhis or her representative has withheld pertinent\n\ninformation in his or her possession related to the\n\nclaim from the employer or has violated the provisions\n\nof Section 6 of this title.\n\n2. In any case where attorney fees are allowed by the\n\nCommission, the limitations expressed in subparagraph b of paragraph\n\n1 of this subsection shall apply.\n\n3. Medical providers may voluntarily contract with the attorney\n\nfor the employee to recover disputed charges, and the attorney may\n\ncharge a reasonable fee for the cost of collection.\n\nB. An attorney representing an employee under this act may not\n\nrecover fees for services except as expressly provided in this\n\nsection.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"304bdd61ea8a1abc67124b99cee3cfe9a6c7867989264b1fc1aa074d48a5ff4b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-81","next":"us-ok/okla.-stat.-tit.-85a-85a-83"},"notice":"GroundRules: Original legal text. Not legal advice."}